CENTRIS FEDERAL CREDIT UNION AND - COMMUNICATIONS WORKERS OF AMERICA UNION CONTRACT New Language is underlined
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New Language is underlined CENTRIS FEDERAL CREDIT UNION AND COMMUNICATIONS WORKERS OF AMERICA UNION CONTRACT February 1, 2007 through January 31, 2009 Page 1 of 34
PREAMBLE ..................................................................................................................... 3 ARTICLE 1 RECOGNITION ............................................................................................. 3 ARTICLE 2 RESPONSIBLE UNION – COMPANY RELATIONSHIP........................ 4 ARTICLE 3 NON DISCRIMINATION ............................................................................. 4 ARTICLE 4 GRIEVANCE PROCEDURES...................................................................... 5 ARTICLE 5 ARBITRATION.............................................................................................. 6 ARTICLE 6 SUSPENSIONS AND DISMISSALS ............................................................ 7 ARTICLE 7 UNION REPRESENTATIVES ..................................................................... 7 ARTICLE 8 COLLECTIVE BARGAINING .................................................................... 8 ARTICLE 9 STATE OR FEDERAL LAW........................................................................ 8 ARTICLE 10 SENIORITY .................................................................................................... 9 ARTICLE 11 HOLIDAYS ..................................................................................................... 9 ARTICLE 12 SICKNESS PAYMENTS ............................................................................. 11 ARTICLE 13 VACATIONS................................................................................................. 12 ARTICLE 14 OVERTIME AND RELATED PAY TREATMENT ................................ 15 ARTICLE 15 WORKDAY AND WORKWEEK............................................................... 16 ARTICLE 16 EMPLOYEE BENEFITS............................................................................. 18 ARTICLE 17 LAYOFFS...................................................................................................... 19 ARTICLE 18 PAYROLL DEDUCTION............................................................................ 19 ARTICLE 19 EXPENSES.................................................................................................... 20 ARTICLE 20 APPROVED ABSENCES ............................................................................ 20 ARTICLE 21 PERSONAL DAYS....................................................................................... 21 ARTICLE 22 INCLEMENT WEATHER POLICY ......................................................... 22 ARTICLE 23 VACANCIES................................................................................................. 22 ARTICLE 24 WAGE AND WAGE ADMINISTRATION ............................................... 23 ARTICLE 25 EDUCATIONAL REIMBURSEMENT ..................................................... 25 ARTICLE 26 OUTSOURCING .......................................................................................... 26 ARTICLE 27 NO STRIKE-NO LOCKOUT...................................................................... 26 ARTICLE 28 DURATION................................................................................................... 27 EXHIBIT A ................................................................................................................... 29 EXHIBIT B ................................................................................................................... 30 EXHIBIT C ................................................................................................................... 31 EXHIBIT D ................................................................................................................... 32 Letter of Understanding ................................................................................................................ 33 MEMORANDUM OF AGREEMENT ........................................................................................ 34 Page 2 of 34
PREAMBLE This Agreement is made and entered into the first day of February 2007, by and between the Centris Federal Credit Union, hereinafter referred to as the “Company”, and the Communications Workers of America, AFL-CIO, hereinafter referred to as the “Union”. It is the intent and purpose of the parties hereto that this Agreement will promote and improve working relations between the employees and management and will set forth herein the basic Agreement covering rates of pay, hours of work, and conditions of employment to be observed between the parties ARTICLE 1 RECOGNITION Section 1.1 Centris Federal Credit Union (Company) hereby agrees to recognize the Communications Workers of America (Union) as the exclusive bargaining representative with respect to wages, hours, and working conditions for all full-time and regular part-time employees employed by the Company at its facilities located in Nebraska and Iowa as certified by the National Labor Relations Board in Case No. 17-RD-1203 excluding all confidential secretaries, guards, and supervisors as defined in the Act. Section 1.2 It is agreed by the parties that all customary powers, functions, and authority are retained by the Company, except and to the extent they are specifically abridged or modified by this Agreement. Section 1.3 The words “employee and employees” as used in the Contract refer to employees of the Company in said bargaining unit who are assigned the title classifications listed in EXHIBIT B. Section 1.4 The Company agrees to notify the Union in writing of modifications or deletions from the list of titles shown in EXHIBIT B: in addition, the Company agrees to allow the Union to negotiate the placement of new job titles within the grade levels. Section 1.5 When modifications occur to jobs and negotiations are successfully concluded, it is agreed that the incumbent shall have the first opportunity to take that job. When a new job is created then the posting and bidding process shall take place. Section 1.6 The elimination or modification of job titles or classifications will not alter the bargaining unit’s purpose and scope. Page 3 of 34
ARTICLE 2 RESPONSIBLE UNION – COMPANY RELATIONSHIP Section 2.1 The Company and the Union recognize that it is in the best interest of both parties, the employees, and the members (customers), that all dealings between them continue to be characterized by mutual responsibility and respect. To ensure that this relationship continues and improves, the Company and the Union and their respective representatives, at all levels, will apply the terms of this Contract fairly in accord with its intent and meaning and consistent with the Union’s status as exclusive bargaining representative of all employees in the unit, including new hires, their purpose to conduct themselves in a spirit of responsibility and respect and the measure they have agreed upon to ensure adherence to this purpose. Section 2.2 In the spirit of maintaining the relationship defined in Section 2.1, the Company shall allow a Union Representative to initiate contact and be allowed fifteen (15) minutes of Company paid time during the first two (2) months of employment to meet with new employees. When the meeting is scheduled by conference call, the Union may send a new-employee packet via interoffice mail. The new-employee packet must be clearly marked as being from the Union. ARTICLE 3 NON DISCRIMINATION Section 3.1 Neither the Company nor the Union shall unlawfully discriminate against any employee because of such employee’s race, color, religion, sex, age, national origin, or sexual preference or because he or she is disabled, a disabled veteran, or a veteran of the Vietnam era. Section 3.2 The Company agrees that any lawful activity on behalf of the Union will not interfere with an employee’s advancement in the Company or continuity of employment. Page 4 of 34
ARTICLE 4 GRIEVANCE PROCEDURES Section 4.1 General: Questions or disputes regarding the proper interpretation of the terms of this Agreement, or the performance of any obligation under this Agreement shall be first taken up between the Company’s representatives and the Union’s stewards. a. It shall be the objective of both the Company and the Union to settle grievances, formally or informally, at the lowest step possible. b. An informal grievance may only be presented before a formal grievance is or could have been presented. An informal grievance shall not proceed to the second or third level, or to arbitration. c. If a settlement is reached either informally or at the first step of the grievance process, it shall be non-precedential. Section 4.2 First Step: Formal grievances must be presented in writing within thirty (30) days from the last occurrence of the matter on which the grievance is based. a. Company Response: Written grievances presented to the Company shall be answered within fourteen (14) days. b. Union Response: Upon receiving an answer from the Company, the Union will respond to the Company’s answer within seven (7) days. The Union will accept, reject, or appeal the Company’s answer. Section 4.3 Second Step: If appealed, the Union will contact the Company to arrange a second level appeal meeting as soon as possible by mutual agreement of all parties involved. Once the second level appeal meeting has taken place for presenting the appeal, the time frames outlined in Section 4.2 First Step shall apply. Section 4.4 Third Step: If appealed, the Union will contact the Company to arrange a third level appeal meeting as soon as possible by mutual agreement of all parties involved. a. Once the third level appeal meeting has taken place, the Company’s Human Resources Manager or his or her designate shall have thirty (30) days to give an answer to any written grievance. b. The Union will have thirty (30) days to accept, reject, or appeal to arbitration the Company’s answer. Section 4.5 Any time limits may be extended by mutual agreement of the parties. Any step in the grievance procedure maybe skipped provided there is mutual agreement in writing by both parties. Section 4.6 Disciplinary grievances for employees with less than one (1) year of service are not subject to the arbitration process. Page 5 of 34
Section 4.7 The Company recognizes the right of the Union to investigate the circumstances surrounding any grievance and agrees to cooperate with the Union in such investigation. Section 4.8 The Company will provide any records or information at the time of request when necessary to process a grievance to an authorized representative of the Union, excluding Company member (customer) financial portfolios. If a request includes information associated with an employee’s personnel records, the employee involved will provide the Company with a written release. Upon receipt of the release, the Company will provide the Union with any and all records or documentation mentioned concerning the employee. Section 4.9 The time spent by two (2) employee representatives in grievance meetings between the Company and the Union will be paid for by the Company at the basic rate. ARTICLE 5 ARBITRATION Section 5.1 Unresolved grievances may be appealed to arbitration by either party, through the giving of written notice to the other party within thirty (30) days from the date of the last written appeal provided for in Article 4 of this Contract. Section 5.2 Selection of Arbitrator: The parties shall select and agree upon an arbitrator from a list of impartial arbitrators as provided by the FMCS. The availability of the arbitrator to hear the case within the time limits required by this Article shall be a consideration in the selection process. Section 5.3 Scheduling: A grievance arbitration hearing shall be scheduled within three (3) months following the notice of arbitration or else the matter shall be considered closed. Section 5.4 Any time limits may be extended by mutual agreement of the parties. Section 5.5 Costs: Each party shall be responsible for its own costs and expenses for preparing and presenting its own case. The fee and expenses of the arbitrator, along with any incidental joint costs or expenses as are agreed to in advance, shall be shared equally by the Union and the Company. Each party shall bear the expense of its representatives and witnesses. Section 5.6 Arbitrator’s Decisions: The decision of the arbitrator shall be final and binding on both parties. The arbitrator shall not have the power to add to, delete from, or modify the terms of this Agreement. Where the grievance submitted to arbitration involves the payment of money by the Company, retroactively or otherwise, to an employee or employees covered by the Agreement, the arbitrator shall have the authority to include in his/her award an order for such payment of money, retroactively or otherwise, if, in his/her judgment, such money award is justified. Section 5.7 In no case shall any retroactive award precede the date of the actual grievance. Page 6 of 34
ARTICLE 6 SUSPENSIONS AND DISMISSALS Section 6.1 The Company recognizes the right of the Union to assist an employee who has been suspended pending investigation or who has been given notice of dismissal, or who has been dismissed, in presenting and/or appealing his or her case to the Company, subject to the following: a. At any meeting between a representative of the Company and an employee in which discipline (including warning which is to be recorded in the personnel file, suspension, demotion, or discharge for cause) is to be announced, a Union Representative may be present if the employee so requests. b. Any suspended or dismissed employee shall have his or her case investigated by appropriate levels of management provided the employee makes a written request to the Company within thirty (30) calendar days of the notice of suspension or dismissal. If a regular employee with six (6) months or more of service is suspended or dismissed, the matter shall be subject to a grievance under the terms of the grievance procedure in Article 4. Suspensions or dismissals of regular employees with one (1) year or more of net credited service are subject to arbitration. c. The arbitrator shall determine whether the suspension or the dismissal was for just cause, but the judgment of the arbitrator may be substituted for that of the Company only if the arbitrator finds that the Company acted without making a reasonable investigation or that it acted upon evidence that would not have lead a reasonable person to take such action. Section 6.2 The Company will notify the Vice President of the Union, or designee, of any disciplinary suspensions and dismissals, to the extent not otherwise prohibited by law. ARTICLE 7 UNION REPRESENTATIVES Section 7.1 Subject to meeting the business needs of the Company, any employee designated by the Union will be granted the necessary time to carry out the business of the Union. The Union will restrict requests for Union Representatives to no more than two (2) persons at one time. This shall include time in serving as officers or other representatives of the Union. In addition, three (3) Union Representatives may be absent simultaneously for three (3) days per calendar year to carry out the business of the Union. Section 7.2 No Union Representative shall suffer a loss in pay while attending any Union- Company meeting, which has been mutually established. Time spent on Union activities and paid for by the Company will be included in the forty (40) hour week. Time spent on Union activities during scheduled work hours and paid for by the Union will be included in the forty (40) hour week. Meetings for the purpose of negotiating a new collective bargaining agreement shall not be included within the provisions of this Section. Page 7 of 34
Section 7.3 The Union and the Company agree to be mutually respectful concerning time off requests for Union activities. Should disputes occur, the Union and the Company will attempt to negotiate the problem. Section 7.4 Subject to the limitations of this Contract, a bulletin board, for use by the Union, will be allowed at each work location. The use of the bulletin board shall be for Union notices relating to meetings, dues, entertainment, health and safety, and general Union activities. The Company may request removal of items that are not deemed proper, but this request shall not be unreasonable. Section 7.5 Union Representatives of the CWA may upon notification to the Company and receiving Company approval enter Company premises for the purpose of contract administration. At no time shall Union Representatives interfere with the work of employees. Access to non- work areas such as lunch rooms and break rooms by Union Representatives may be approved by the Company upon advance notification from the Union. The Company will not unreasonably deny the Union access to non-work areas. ARTICLE 8 COLLECTIVE BARGAINING Section 8.1 The Company and the Union shall keep each other informed of the personnel authorized to represent them. Section 8.2 Meetings between representatives of the Company and the Union shall be held upon reasonable notice by either party to the other. Section 8.3 This Agreement may be amended at any time upon mutual agreement of the parties. ARTICLE 9 STATE OR FEDERAL LAW Section 9.1 Nothing in this Agreement will be construed to require either of the parties to act contrary to any state or federal law. In the event such condition arises, it is agreed that this Agreement shall be deemed to be modified in respect to either or both parties to the extent necessary to comply with the law. Without limiting the scope of this Article, the parties acknowledge the Company’s duty to comply with the American With Disabilities Act (ADA) and agree that the Company shall follow all applicable ADA regulations and guidelines established by the Equal Employment Opportunity Commission (EEOC). The parties also agree that either may request negotiations during the term of this Contract for purposes of modifying any contract language to more specifically comply with EEOC regulations or guidelines. Page 8 of 34
ARTICLE 10 SENIORITY Section 10.1 Seniority shall be based on net credited service. Section 10.2 Employees, who have left regular employment of the Company and return to regular employment on or before thirty (30) days, shall have their service bridged immediately. Employees who have left regular employment and do not return to regular employment until thirty (30) days have passed, shall have their service bridged after completing five (5) years of continuous employment. Section 10.3 In selecting employees for equal or higher rated classifications, employee qualifications as determined by the Company shall be the determining factor, except in the situation where qualifications are found by the Company to be substantially equal, seniority shall apply. Section 10.4 Subject to meeting the necessary qualifications, the work shift shall be made based on seniority. Section 10.5 Vacation selections shall be scheduled by seniority within each department as provided in Article 13. Section 10.6 Employees moving into the bargaining unit shall receive seniority credit for continuous time employed by the Company. Service credit will be based, pro-rata, on hours worked in each of their prior years of continuous employment. No credit will be given if it would amount to less than six (6) months seniority. ARTICLE 11 HOLIDAYS Section 11.1 Holidays: There are eight (8) holidays throughout the year which will be observed by the Company, and for which all regular full-time employees will receive a full day’s pay. They are as follows: New Year’s Day Labor Day Martin Luther King Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Section 11.2 All time paid for, but not worked, on holidays shall be paid for at straight time rate. All observed holidays shall be counted as work time when calculating the forty (40) hour workweek. To qualify for holiday pay, an employee must work the full business day preceding and following the holiday unless prior arrangements are made with the employee’s manager. Section 11.3 A part-time employee not working on a holiday shall receive pay equivalent to the average number of hours paid on the same day of the week on which the holiday fell for the Page 9 of 34
preceding four (4) weeks. In the case of a floating holiday, part time employees will receive a prorated amount based upon their average hours worked per day per week. Section 11.4 An employee shall be paid two (2) hours pay for each hour worked on authorized holidays. The Company may at its discretion offer a choice of a compensating day in lieu of double time. Section 11.5 The Company shall select a holiday for the purpose of providing general training to its employees. Attendance at this employee workshop will be mandatory. Section 11.6 Floating Holidays: In addition to these eight (8) holidays, employees will receive two (2) floating holidays at the beginning of each calendar year. However, employees hired on or after July 1 will receive one (1) floating holiday at the time of hire. a. Floating holidays may be used at the employee’s discretion any time during the calendar year subject to management approval. b. If the holiday falls on Saturday or Sunday and the Company is not closed on Friday or Monday in observance of the holiday, a floating holiday of the employee’s choice will be allowed. To qualify for the additional floating holiday, an employee must work the full business day preceding and following the holiday unless prior arrangements are made with the employee’s manager. c. Floating holidays may be used in fifteen (15) minute increments. d. Any unused floating holiday time may be carried forward to the following year. A full-time employee may accumulate up to a maximum of four (4) days or thirty two (32) hours floating holiday, except in years when additional floating holidays are awarded under Article 11.6 (b) the maximum accumulated hours for the subsequent year would be increased by the additional hours awarded. e. Floating holiday time used shall be counted as work time when calculating the forty (40) hour workweek. f. Floating holiday time for part-time employees will be prorated based upon their normal number of work hours in a week. Section 11.7 Early closing: When Christmas Eve falls on Monday through Friday, full-time employees will receive three and one half (3 ½) hours early closing pay. The three and one half (3 ½) early closing hours will be counted as hours worked for the week for overtime calculations. a. Part-time employees will be required to work their normally scheduled hours. If these hours extend beyond the early closing time, they will receive pay for the remainder of their shift up to a maximum of three and one half (3-1/2) hours. b. Any employee who has scheduled vacation will have four and one half (4-1/2) hours charged against their allotted vacation. If scheduled vacations for part-time employees overlap the early closing, then they will be eligible for a maximum of three and one half (3-1/2) hours of early closing pay based upon their regularly scheduled shift. Page 10 of 34
ARTICLE 12 SICKNESS PAYMENTS Section 12.1 If an employee must be absent from work because of personal illness or because of illness in the family, he or she will be paid sick leave up to eight (8) days or sixty-four (64) hours. For new employees, sick leave will be prorated for the balance of the year after completion of the probationary period. a. Family shall be defined as parent, spouse, siblings, children, stepchildren, foster children, and domestic partner. Section 12.2 Any unused sick leave may be carried forward to the following year. A full-time employee may accumulate up to a maximum of ninety (90) days or seven hundred twenty (720) hours sick leave time. Section 12.3 Part-time employees who qualify for payment in accordance with Section 12.1 will be paid for the number of hours, which they would have worked if they had not been absent. The total number of hours to which a part-time employee will be eligible for sick leave shall be prorated based upon their normal number of work hours in a week and sixty four (64) hours per year of sick leave. Additionally, the total number of hours a part-time employee may accumulate will be prorated based on their normal work hours in a week and the maximum allowed in accordance with Section 12.2. Prorated benefits will be recalculated in the event of a formal shift change which results in a decrease or increase of regularly scheduled hours for the employee. This recalculation shall not result in the loss of any previously accumulated sick time. Section 12.4 Sickness absence payments shall be made at the employee’s normal basic wage rate. Section 12.5 All employees receiving benefits from the short-term disability plan except when on a Family and Medical Leave of Absence will have the option to supplement their short-term disability plan payments up to the amount of their accumulated sick leave hours, available vacation and excused work days. Employees qualifying for Family Medical Leave of Absence will be required to supplement their short-term disability plan payments up to the amount of their accumulated sick leave hours and available vacations. Sick leave hours, available vacation, and/or excused work days shall not be used in conjunction with short-term disability in order to exceed the equivalent of forty (40) hours pay per week for full-time employees, or the average number of hours normally worked by part-time employees, not to exceed forty (40) hours per week. Page 11 of 34
ARTICLE 13 VACATIONS Section 13.1 Paid vacations shall be based on service as shown by the records of the Company, and shall be granted to full-time employees within each calendar year. Additional hours earned each year will be based on full-time status, years of service completed, as well as unused vacation carryover, so as to not exceed the Maximum Hours Available for each given year. The following schedule shows the number of Annual Eligible Vacation Hours each full-time employee may be eligible to earn and the Maximum Hours Available based on years of service completed. Annual Eligible Maximum Hours Available Service Completed Not to Exceed Vacation Hours (for full-time employees) 6 months 40 40 1 year 40 120 2 – 6 years 80 120 7 – 13 years 120 200 14 – 19 years 160 240 20+ years 200 280 Annual Eligible Vacation Hours and Maximum Hours Available for part-time employees will be pro-rated based on average hours worked in the preceding twenty-six (26) weeks, not to exceed the hours available to a full-time employee. For example, an employee working an average of 20 hours per week with 4 years of service completed will annually be eligible to receive 40 hours of vacation, with maximum hours available not to exceed 60 hours. a. Annual Eligible Vacation Hours reflect the total hours the employee may earn in any given calendar year. The total hours actually earned may be less than the Annual Eligible Vacation Hours so as to not exceed the Maximum Hours Available (as shown in chart above). b. When an employee completes six (6) months service and one (1) year service in the same calendar year, the employee shall be granted only an additional forty (40) hours of vacation upon the completion of one (1) year's service. c. Employees are encouraged to use their vacation in the year they are granted vacation. Earned, unused vacation hours may be carried forward from one calendar year to the next. d. Vacations of eighty (80), one hundred twenty (120), one hundred sixty (160), or two hundred (200) hours may be scheduled and/or taken, in accordance with this Article, any time during the calendar year in which the second, seventh, fourteenth, and twentieth anniversary, respectively, occurs. Page 12 of 34
Section 13.2 Under ordinary circumstances, a vacation period, shall be a calendar week; however, up to two (2) weeks of vacation may be taken in fifteen (15) minute increments subject to management approval; notwithstanding this provision, all employees must be absent from the Company for at least seven (7) consecutive calendar days each full calendar year of employment. Therefore, employees must use any combination of available vacation, sick days, holidays, excused work days, or a Family Medical Leave of Absence and/or short-term disability leave of absence in order to be absent from the Company for at least seven (7) consecutive calendar days each calendar year. Section 13.3 Vacation schedules will be posted and selected by department. Vacation schedules will be prepared and the selection of vacation dates on each schedule will be based on employee seniority, but in accordance with the following: a. Eleven (11) blocks of vacation time will be available for selection around the holidays listed in Section 11.1. The eleven (11) blocks are as follows: Block 1: Martin Luther King, Jr. Day; seven (7) calendar days (the three (3) calendar days before the holiday through the three (3) calendar days after the holiday) Block 2: Memorial Day; seven (7) calendar days (the three (3) calendar days before the holiday through the three (3) calendar days after the holiday) Block 3: Before July 4th; (the three (3) calendar days before the day the holiday is recognized) Block 4: After July 4th; (the three (3) calendar days after the day the holiday is recognized) Block 5: Labor Day; seven (7) calendar days (the three (3) calendar days before the holiday through the three (3) calendar days after the holiday) Block 6: Veteran’s Day; seven (7) calendar days (the three (3) calendar days before the day the holiday is recognized through the three (3) calendar days after the day the holiday is recognized) Block 7: Before Thanksgiving; the three (3) calendar days before the holiday Block 8: After Thanksgiving; the three (3) calendar days after the holiday Block 9: Before Christmas; The three (3) calendar days before the day the holiday is recognized Block 10: After Christmas; the six (6) calendar days after the day the holiday is recognized Block 11: After New Years; the three (3) calendar days after the day the holiday is recognized b. During the first pass of the vacation schedule within each department, each employee will make their vacation selection for time during the holiday blocks AND for time outside the holiday blocks, but cannot schedule any vacation time Page 13 of 34
in more than three (3) of the eleven holiday blocks. Scheduling of one (1) day anywhere within a holiday block will constitute use of one (1) of the three (3) allowable blocks. c. If after the first pass of the vacation schedule there is time available within the eleven (11) holiday blocks, the schedule will be passed through the department again, in the order of seniority, with each employee allowed to select time in one (1) additional holiday block. d. Subsequent passes of the vacation schedule will be made, if necessary, as outlined in Section 13.3c until no vacation time within the holiday blocks is being selected. e. Once an employee has passed the vacation schedule, he or she may add to any open slots but cannot bump vacation already selected. f. Should an employee leave the department during the year causing any vacation time to become open, the vacation schedule will be passed through the department as outlined in Section 13.3c and 13.3d. Section 13.4 The Company will make as many weeks of vacation available in each week of the year as is possible with meeting the service needs of its members (customers). a. Due to business necessity, the Company reserves the right during the calendar year to require employees to reschedule their vacations. Infrequent major events such as natural disaster, fire, financial/economic crisis, and system conversions which have Company-wide ramifications constitute “business necessity.” b. This Section is not intended to permit the Company to arbitrarily cancel the scheduled and approved vacations of employees; instead, the Company will only cancel the scheduled and approved vacations of employees whose presence is absolutely necessary to meeting the service needs of its members. c. The Company will excuse employees who have scheduled vacations for major life events (i.e. marriage, significant anniversaries, graduations, and the like.) d. Advance Notice: When the Company suspects that vacations may need to be rescheduled pursuant to this Section, it will provide as much notice as practical to the employees and the Union. In every case practical, the Company will inform the affected employees prior to the vacation scheduling process. When the Company knows that vacations will need to be rescheduled the Company will notify the affected employees at the earliest possible date. e. If employees must reschedule their vacations, they will be reimbursed for their documented out-of-pocket non-refundable expenses associated with the rescheduling of their vacations. Section 13.5 Management will determine by department (and note on the vacation schedule) how many employees can schedule vacation, float and personal time at any given time. Vacation schedules will be prepared by January 15 of each year and all employees will complete their selection by March 1 of each year. Management will provide written approval/disapproval of vacation, personal and float time to the employee by March 31 of each year. If approval/disapproval is not received by March 31 and the employee has scheduled vacation, Page 14 of 34
personal or float time within the parameters on the schedule and this Agreement, those days that were scheduled are approved. Section 13.6 Employees who are absent in excess of six (6) months due to approved leaves or layoffs shall not be eligible for a vacation until they have completed six (6) months of continuous service following such absence. a. Employees who are unable to return to work after a six (6) month leave or layoff due to a “No Work” situation will be allowed to take any vacation time left for that calendar year at the expiration of the leave or layoff. b. Employees who are on a Military Leave that is extended beyond six (6) months by the government due to disaster or war will be allowed to take any vacation time left for that calendar year upon return to work. Section 13.7 When an employee transfers or promotes from one department to another, the Company will strive to honor that employee’s pre-scheduled vacation and other time off. After an employee has been selected but before accepting the new position the Company will discuss with that employee the vacation schedule for the department and any potential vacation conflicts. If a conflict exists which cannot be accommodated, the Company’s job offer will be contingent upon the employee changing the vacation thus alleviating any conflicts. If the employee does not want to change the vacation, the employee will decline the offered position. ARTICLE 14 OVERTIME AND RELATED PAY TREATMENT Section 14.1 If it becomes necessary for work to be performed outside of normal work hours, overtime work may be authorized by the Company. All time worked in excess of forty (40) hours per week will be paid at time and one-half. Section 14.2 Differentials are payments which are added to the basic rate of pay and are applicable to particular jobs. Employees assigned to a higher wage classification on a temporary basis would receive a ten (10) percent differential if the time spent performing the job duties was greater than five (5) working days and employees are performing at least fifty (50) percent of the job duties. Section 14.3 Any employee who is regularly assigned a shift in which seventy-five (75) percent or more of the hours are outside 7:00 a.m. to 6:00 p.m. will receive a shift differential of ten (10) percent for the entire shift. This shift differential will be included in computing pay for vacation, sick pay, excused workday, holiday, etc. a. Any employee temporarily assigned to a shift in which seventy five (75) percent of the hours are outside 7:00 a.m. to 6:00 p.m. will receive shift differential. b. Any employee with shift differential who is temporarily assigned to another shift at the direction of the Company will continue to receive shift differential until the end of the temporary assignment. Page 15 of 34
c. Any part-time employee assigned to the Information Technology Department whose shift extends beyond 6:00 p.m. will receive shift differential for those hours worked beyond 6:00 p.m. Section 14.4 Call for Work: When employees are “called for work” by a Manager of the Company and the call requires the employees’ immediate services outside of their scheduled shifts, the following shall apply: a. If departure from the employees’ residence or location is not required, the employees shall be paid no less than fifteen (15) minutes at their basic wage rates. If the calls for work last more than fifteen (15) minutes, then the employees shall be paid the actual time worked rounded to the closest fifteen (15) minute increment at their basic wage rates. b. If departure from the employees’ residence or location is required, the employees shall be paid no less than the equivalent of two (2) hours pay at their basic wage rates including travel time. When employees have received a call for work and the work continues into their scheduled shifts, travel time for the return trips home shall not be paid. The minimum of two (2) hours payment does not apply to the following: 1. Time worked during meal periods falling within the hours of the employees’ scheduled shifts. 2. Time worked as continuation of the employees’ scheduled shifts. 3. If the employees are “called to work” by a Manager of the Company before the start of their scheduled shifts and continue to work all or part of their shifts. ARTICLE 15 WORKDAY AND WORKWEEK Section 15.1 The basic workweek for regular full-time employees consists of forty (40) hours per week. The normal workday for regular full-time employees is eight (8) hours per day unless otherwise agreed to under flexible work arrangements. The workweek will begin on Sunday at 12:01 a.m. and end on Saturday at 12:00 midnight. Section 15.2 There will be a thirty (30) minute to one (1) hour unpaid lunch period to be determined at the discretion of the Company and, business conditions permitting, two (2) fifteen (15) minute paid refreshment breaks scheduled each work day. Section 15.3 Employees required to work on Saturdays as part of their normal workweek shall be scheduled compensating time or paid overtime at the discretion of the Company. Each branch and/or department manager will establish their employees’ schedules, and the Company will give consideration to the employees’ desires to the extent possible consistent with the needs of the business. Page 16 of 34
Section 15.4 Job Sharing: Employees may be allowed to participate in job sharing when opportunities become available and are possible. Job sharing is defined as a form of regular part- time employment; two employees share the duties and responsibilities of a single full-time position. All regular employees who have completed their new employee six (6) month probationary period, who have been in their current position for six (6) months or more, and who are in good standing are eligible to apply for a job share. Management will consider whether an employee’s job share request can be accommodated. Policies and procedures adopted by the Company shall apply to the extent not inconsistent with this Section. a. In all postings and selections for open positions, seniority will apply as in Article 10, Section 10.3 of this Agreement. b. When one half (1/2) of a job share is vacated and the Company is unable to fill this position, the remaining one half (1/2) of the job share will be posted as a full- time position. This posting will first be done internally following the normal posting process. If there is no internal interest, the Company will then look to the outside to fill the position. c. If a layoff situation should occur, Article 17 of this Agreement will apply. Any employee who once was part of a job share, but is no longer considered to be in a job share because of a vacancy in the other half, will not be considered “temporary or occasional”. d. If one half (1/2) of a job share chooses to return to full-time employment, that person must post for an open full-time position. If accepted, the open half of the job share will fall under the same process used to fill job share vacancies. Page 17 of 34
ARTICLE 16 EMPLOYEE BENEFITS Section 16.1 Employees who work twenty (20) or more hours per week are eligible for Dental and Medical Insurance. Eligible employees may select individual or family coverage. Family coverage is limited to the spouse and dependent children of the employee. Dental Insurance Paid by Paid by INSURANCE PREMIUM Company Employee Per month Per pay period Per pay period Per pay period Single $20.23 $9.34 $8.34 $1.00 Family $68.25 $31.50 $26.50 $5.00 Medical Insurance As of 2/01/07, the total cost of single coverage is $396.85, and the total cost of family coverage is $1,122.57. Paid by Paid by INSURANCE PREMIUM Company Employee Per Month Per Pay Period Per Pay Period Per Pay Period Single $396.85 $183.16 $166.68 $16.48 Family $1,122.57 $518.11 $361.13 $134.71 Any rate increase from BCBS of 25% or lower for 2/1/2008 shall be divided in the same shared cost ratio to employee and employer as provided in the medical plan amounts listed above for the remainder of the contract. In the event the BCBS rate increase exceeds 25% for 2/1/2008, the Company will reopen the agreement by written notice to the other party for the sole purpose of negotiating insurance benefits, premium costs, and/or insurance carriers. Section 16.2 Regular full-time employees and part-time employees who work a minimum of twenty (20) hours per week will be covered, at no expense to the employee, by a $50,000 term life and accidental death and dismemberment insurance policy, and by short-term disability and long-term disability plans. Section 16.3 In the event, during the life of this Agreement, the Company desires to make a change which would affect the pension, 401(k), disability benefits and death benefits of employees within the bargaining unit, it will, before making a change, notify the Union and afford the Union a period of sixty (60) calendar days for bargaining; provided, however, that no change may be made which would reduce or diminish the pensions, 401(k), disability benefits and death benefits provided there under, as they may apply to employees within the bargaining unit, without the consent of the Union. Page 18 of 34
Section 16.4 Any claim that Section 16.3 of this Article has been violated may be presented as a grievance and, if not resolved by the parties under their grievance machinery, may be presented to arbitration pursuant to the provisions of Article 5 but in such case, any decision or action of the Company shall be controlling unless shown to have been discriminatory or in bad faith, and only the question of discrimination or bad faith shall be subject to the grievance procedure and arbitration. However, nothing in this Agreement shall be construed to subject the Plan or its administration to arbitration. Section 16.5 Section 125 Plan: The Company will offer to all employees who work more than twenty (20) hours per week participation in a flexible spending plan. This plan’s administration fees will be paid by the Company. ARTICLE 17 LAYOFFS Section 17.1 Whenever economic or work force conditions are considered by the Company to warrant laying off regular employees, such adjustments as it may be deemed necessary shall be made effective among employees subject to the following conditions: a. Temporary and occasional employees shall be laid off first, provided, however, that such employees may be retained or employed temporarily to meet emergency peak load situations. b. For layoff purposes, employees shall be grouped according to their job title. The Company shall determine the extent to which each group shall be reduced. Employees shall be laid off in inverse order of net credited service, to the extent deemed by the Credit Union to be necessary. Section 17.2 In rehiring former regular employees laid off under the provisions of Section 17.1 of this Article, the Company shall offer re-employment in the order of net credited service for up to two (2) years to such former employees who at the time of layoff were performing services essentially the same as required for the vacancy. It is the obligation of former employees to keep Human Resources informed of where they can be reached. ARTICLE 18 PAYROLL DEDUCTION Section 18.1 In general, dues deduction will be made in a designated pay period in the current month for properly executed dues deduction authorizations received by Human Resources, at least five (5) work days (excluding Saturday and Sunday) prior to the end of the payroll period from which deductions will be taken. However, the Company assumes no responsibility, either to the employee or to the Union, for any failure to make, or for any errors made in making such deductions, but will make such efforts as it deems appropriate in correcting any such errors or omissions. Such deductions and initiation fees shall be remitted to the proper Officer of the Union. The amount of such initiation fees and monthly dues, as well as the name and address of such Union Officer, shall be communicated by the Union to the Employer in writing. Page 19 of 34
Section 18.2 Deductions for the Union’s Committee on Political Education (COPE) shall be in effect, so long as the employee authorizes, in writing that such deductions be made each pay period. ARTICLE 19 EXPENSES Section 19.1 If authorized by the Company, employees may use their own vehicle for company-related business and will be reimbursed at the rate of the IRS allowable. The Company will reimburse an employee for any reasonable authorized expenses associated with traveling on Company business. ARTICLE 20 APPROVED ABSENCES Section 20.1 Jury Duty: When summoned to serve on jury duty, the Company will pay the difference between the employee’s basic wage and the compensation received by the employee for serving as a juror. If the employee is excused from jury duty, the employee shall return to work for those hours remaining in his/her work shift. Section 20.2 Military Duty: An employee subject to the terms of this Agreement who is inducted, enlists, or is called to serve in the uniformed services, as defined in the Uniform Services Employment and Reemployment Rights Act (Act) shall be granted a leave of absence as provided in the Act. Upon completion of such leave, the employee may request reinstatement as allowed and under the procedures contained in the Act, or other applicable federal or state law. Section 20.3 Bereavement Leave: An employee who has completed six (6) months of net credited service will be permitted to be absent without deduction in pay for a maximum period of three (3) days due to a death in the employee’s immediate family. “Immediate family” shall be understood to mean the employee’s parents, step-parents, spouse, siblings, children and step- children. One (1) day of pay and two (2) additional days excused absence will be granted for the following family members: mother- or father-in-law, brother- or sister-in-law, son- or daughter- in-law, grandparents, grandparents-in-law, grandchildren, great grandparents, great grandchildren or domestic partner. One day excused absence shall be granted for the following family members: aunts, uncles, nieces, nephews, step-grandparents, and step-grandchildren. It is recognized that there may be extenuating circumstances under which an employee may be granted additional excused absence time. Section 20.4 Appointments: Subject to Manager approval, regular full-time employees shall be granted time off for the purpose of attending doctor, dental or other appointments which cannot be scheduled outside of normal work hours. The manager will approve or deny request in a timely manner. Such approval shall not be unreasonably withheld. Approved absences will not be treated as absentee occurrences. The employees must use available time benefits to subsidize the loss of pay. If an employee no longer has available time benefits, the employee may submit a request for unpaid time. Page 20 of 34
Section 20.5 Family and Medical Leave of Absence: When a leave of absence, including an absence for appointments, falls under the Family and Medical Leave Act (FMLA), policies and procedures adopted by the Company consistent with the FMLA shall apply. Generally the FMLA provided that eligible employees may request and receive a leave of absence (1) upon the birth of employee’s child and upon the placement of a child with the employee for adoption or foster care; (2) when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or (3) when the employee is unable to perform the functions of his or her position because of a serious health condition. It is understood that eligible employees must follow policies and procedures established by the Company consistent with the FMLA. Furthermore, the Company may treat an employee as being on a family and medical leave of absence if the employee is absent for reasons, which would qualify for such a leave. Section 20.6 Personal Leave Of Absence: A leave of absence for personal reasons may be granted to employees with six (6) months or more of net credited service. A leave of absence for personal reasons is a privilege which may be granted to employees rather than a right to which they are entitled. A leave of absence without pay of up to a maximum of sixty (60) days may be granted by the Company on a discretionary basis. Factors to be considered include the hardship which may be placed upon the department in the employee’s absence and the reason for the request of leave. The Company will guarantee the employee’s job for sixty (60) days. If the employee desires to return to work after the sixty (60) day period, the Company is under no obligation to reinstate the employee. ARTICLE 21 PERSONAL DAYS Section 21.1 Personal days shall be based on net credited service as shown by the records of the Company, and shall be granted to the employees as follows: a. Each regular full-time employee who has at least six (6) months of net credited service on January 1st shall be eligible for scheduled personal days as specified below: Three (3) days with pay each calendar year b. Part-time employees who have at least six (6) months of net credited service on January 1st shall receive a prorated amount of the full-time days. c. Employees who obtain their six (6) month net credited service after January 1st will receive a prorated amount of personal days based upon the remaining months in the calendar year. d. Employees will be allowed to schedule time-off for personal days in fifteen (15) minute increments. e. The Company will make every effort to allow the employees flexibility in the selection, changing, and use of personal days. Page 21 of 34
f. Any unused personal time may be carried forward to the following year. A full- time employee may accumulate up to a maximum of six (6) days or forty-eight (48) hours. ARTICLE 22 INCLEMENT WEATHER POLICY Section 22.1 A member of the Executive Committee will make the decision on opening or closing the offices during inclement weather. Consideration will be given to conditions and safety of the employees. If the decision is made to close, it will be announced on public media. If the Company is open, every employee is expected to report to work. If not, the employee will be docked for hours missed or vacation pay or other pay may be taken. ARTICLE 23 VACANCIES Section 23.1 When an employee retires, resigns, or is terminated, usually a vacancy occurs. The job description will be reviewed and changes made if necessary. All non-management positions will be posted within the Company. Any employee who meets all the posting eligibility requirements will be allowed to post for a position and will be provided the opportunity for an interview. The employee must continue to meet all the posting eligibility requirements until an offer is extended by the interviewing Manager and accepted by the selected candidate. The Employment Specialist would notify the employee of receipt of the posting form and confirm all posting eligibility requirements are met. The interviewing Manager would contact the employee to schedule the interview and communicate the selection decision once interviews have been completed. Section 23.2 If, during the time specified on the posting, there is no showing of interest for an opening from the employees who meet all the posting eligibility requirement or if the Company does not select one of the employees interviewed, then employees who do not meet all the posting eligibility requirements may be allowed to post for the position. These postings must be recommended by the employee’s manager and Human Resources before the employee will be provided the opportunity to interview for the position. These postings will be considered concurrently with outside applicants. The opening will continue to remain posted until filled or until the posting is withdrawn due to Company reconsideration of the continued need for the position. Section 23.3 When surplus staff exists within a department the opening may be filled without being posted. Section 23.4 An applicant should request a Job Posting Application from their Manager or Human Resources to apply for an opening. Consideration for promotions and transfers will be given to job knowledge, skills, abilities, attendance record, past performance, and whether a transfer is necessary to reasonably accommodate an employee with a disability. Employees who are involved in the disciplinary process (with the exception of the teller over and short policy) will not be permitted to post for an opening. Page 22 of 34
ARTICLE 24 WAGE AND WAGE ADMINISTRATION Section 24.1 See attached EXHIBIT A showing the minimum and maximum wage rates for each grade level. On February 1, 2007, the new grade minimums in Exhibit A will be applied. If employees are below the minimum basic wage rates, then the new minimum rates will be applied to their current wage rate. If the employee’s basic wage rate is at or above the new maximum, no wage rate adjustment will occur. Section 24.2 Merit Pay NON-COMMISSIONED POSITIONS a. Employees in positions not listed in 24.9(a) with one (1) year or more of in- grade service. Employees will receive an annual performance review on their in- grade service date. The performance review composite rating will be the basis along with Exhibit C for determining the employee’s basic wage increase. b. Employees in positions not listed in 24.9(a) with less than one (1) year of in- grade service. Any new employee (whether new to the Company or new in a grade) will receive a six (6) month performance review from the date of hire or from the date of entry into the new grade. Six (6) months later, the employee will receive another performance review. For each performance review, the composite rating will be the basis along with Exhibit C for determining the employee’s basic wage increase; however, the employee’s percentage of increase will be half of the corresponding percentage of increase reflected in Exhibit C. COMMISSIONED POSITIONS c. Employees in all positions listed 24.9(a) with one year or more of in-grade service. Employees will receive an annual performance review on their in-grade service date. The performance review composite rating will be the basis along with Exhibit D for determining the employee’s basic wage increase. d. Employees in all positions listed in 24.9(a) with less than one (1) year of in- grade service. Any new employee (whether new to the Company or new in a grade) will receive a six (6) month performance review from the date of hire or from the date of entry into the new grade. Six (6) months later, the employee will receive another performance review. For each performance review, the composite rating will be the basis along with Exhibit D for determining the employee’s basic wage increase; however, the employee’s percentage of increase will be half of the corresponding percentage of increase reflected in Exhibit D. Section 24.3 Lateral Transfers: Employees accepting a lateral transfer will remain in their current in-grade cycle. An employee that transfers from a commission to non-commission position or vice versa in the same grade shall suffer no loss in pay and will go to the minimum rate of pay for the grade if their current wage is less than the minimum. Page 23 of 34
Section 24.4 Miscellaneous: a. Those employees that exceed the maximum of the grade at the time of their performance review and are performing at the “Often Exceeds Expectations” or “Consistently Exceeds Expectations” level will receive a lump sum wage increase payment based upon the percentage they would have been eligible for had they not been over the maximum. Those employees at the “Meets Expectations” level will receive a fifty (50) percent lump sum wage increase payment based upon the percentage they would have been eligible for had they not been over the maximum. b. For the life of this Agreement, neither the Union, nor any employee covered by this Agreement will file written grievances or attempt to arbitrate any individual employee performance evaluation. No employee performance evaluation may be used as, or considered, a disciplinary step. Further, if any disciplinary step refers to an employee performance evaluation or is in any way based upon an employee performance evaluation, then the employee may file a written grievance regarding the performance evaluation insofar as it relates to the disciplinary step. Section 24.5 Employees who are promoted or whose position has increased in grade level due to re-pointing, will receive a five (5) percent promotional increase or the minimum of the new grade whichever is greater. Section 24.6 Employees who have elected to accept a promotion, position of lower grade, or lateral transfer will be evaluated for a six (6) month period to determine if they are capable of performing the new job. If the Company or the employee feels that the new job is beyond the capability of the employee at that point in time, every effort will be made to place the employee in a job of equal stature of the pre-promotional job. If one is available, the employee’s wage will be returned to the hourly rate in effect prior to the promotion. Section 24.7 Employees who elect to take a demotion (for the purpose of moving into an area for greater growth potential) will retain the current hourly rate. Section 24.8 New hire wage credit will be granted to new employees who have applicable experience beyond the amount, which is stated on the job description. The purpose of wage credits is to enhance the Company’s ability to attract and retain qualified employees. The wage credit shall not exceed ten (10) percent of the respective grades start rate. The Company agrees to notify the Union in writing of the employee’s name, the reason for, and the amount of the wage credit. Section 24.9 Commission Pay: Employees in commissioned positions, in addition to the merit increase, may also be eligible to receive incentive or commission pay. a. The commission pay plans may be created by job title and implemented by the Company for the following positions: Financial Services Representative, Mortgage Loan Officer, Branch Services Representative, and Collector. The plans may be modified as necessary in order to obtain corporate strategic goals. Page 24 of 34
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